alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2016243EN.01000801.xml

| 4.7.2016 | EN | Official Journal of the European Union | C 243/8 |
| --- | --- | --- | --- |

4.7.2016

EN

Official Journal of the European Union

C 243/8

---

Judgment of the Court (First Chamber) of 4 May 2016 — European Commission v Republic of Austria

(Case C-346/14) (1)

1

((Failure of a Member State to fulfil obligations - Article 4(3) TEU - Article 288 TFEU - Directive 2000/60/EC - EU water policy - Article 4(1) - Prevention of deterioration of the status of bodies of surface water - Article 4(7) - Derogation from the prohibition of deterioration - Overriding public interest - Authorisation to construct a hydropower plant on the Schwarze Sulm River (Austria) - Deterioration of the water status))

(2016/C 243/05)

Language of the case: German

Parties

Parties

Applicant: European Commission (represented by: E. Manhaeve, C. Hermes and G. Wilms, acting as Agents)

Applicant:

Defendant: Republic of Austria (represented by: C. Pesendorfer, acting as Agent)

Defendant:

Intervener in support of the defendant: Czech Republic (represented by: M. Smolek, Z. Petzl and J. Vláčil, acting as Agents)

Intervener in support of the defendant:

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders the European Commission to pay the costs. |
| --- | --- |

2.

Orders the European Commission to pay the costs.

---

(1)  OJ C 361, 13.10.2014.

1

---
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No. 10-1520.

#### Shirley Jablonski and Jeff Sagarin, Petitioners v. City of Bloomington, Indiana.

565 U.S. 826, 132 S. Ct. 117,

181 L. Ed. 2d 41,

2011 U.S. LEXIS 5401.

October 3, 2011.

Petition for writ of certiorari to the Court of Appeals of Indiana, First District, denied.

Same case below, 932 N.E.2d 739.
[Federal Register Volume 63, Number 128 (Monday, July 6, 1998)]
[Notices]
[Page 36397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17781]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket Nos. EC96-19-026 and ER96-1663-027]


California Power Exchange Corporation; Notice of Filing

June 29, 1998.
    Take notice that on June 26, 1998, California Power Exchange 
Corporation (PX), filed a Second Notice and Motion Regarding Change in 
Start of the Hour-Ahead Market. In order to allow for testing of the 
software needed to run the Hour-Ahead Market, the PX moves to amend its 
proposed Tariff Amendment No. 2, originally filed on April 10, 1998 and 
amended on May 22, 1998, to reflect a new requested effective date. The 
PX now requests that the effective date for PX Tariff Amendment No. 2, 
be no later than July 31, 1998, or as early as July 16, 1998, upon 15 
days notice provided to the Commission and posted on the PX's Home 
Page.
    Any person desiring to be heard or to protest said filing should 
file a motion to intervene or protest with the Federal Energy 
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in 
accordance with Rules 211 and 214 of the Commission's Rules of Practice 
and Procedures (18 CFR 385.211 and 18 CFR 385.214). All such motions 
and protests should be filed on or before July 8, 1998. Protests will 
be considered by the Commission to determine the appropriate action to 
be taken, but will not serve to make protestants parties to the 
proceedings. Any person wishing to become a party must file a motion to 
intervene. Copies of this filing are on file with the Commission and 
are available for public inspection.
David P. Boergers,
Acting Secretary.
[FR Doc. 98-17781 Filed 7-2-98; 8:45 am]
BILLING CODE 6717-01-M
<PAGE>



                                                                      EXHIBIT 23
                                                                      ----------

               Consent of Independent Certified Public Accountants
               ---------------------------------------------------

         We have issued our report dated April 28, 2004, accompanying the
consolidated financial statements included in the Annual Report of Environmental
Tectonics Corporation and Subsidiaries on Form 10-K for the year ended February
27, 2004 and Part II of this form. We hereby consent to the incorporation by
reference of said report in the Registration Statement of Environmental
Tectonics Corporation and Subsidiaries of Form S-8 (File No. 333-65469,
effective October 8, 1998), Form S-3A (File No. 333-29083, effective July 2,
1997), Form S-3 (File No. 333-29083, effective June 12, 1997), Form S-8 (File No
2-92407, effective August 14, 1984) and on Form S-3 (File No. 33-42219,
effective September 4, 1991).

/s/ Grant Thornton LLP
--------------------------
Philadelphia, Pennsylvania
April 28, 2004
DLA Energy command changes hands
 
  By Jonathan Stack, DLA Energy Public Affairs
Exhibit 32.1

                            CERTIFICATION PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT 0F 2002

In connection with the Quarterly Report of PocketSpec Technologies Inc. (the
Company") on Form 10-QSB for the period ending April 30, 2004 as filed with the
Securities and Exchange Commission (the "Report"), I. Janet Brophy, Chief
Executive Officer of the Company, certify, pursuant to 18 U.S.C. ss.1350, as
adopted pursuant to ss.906 of the Sarbanes-Oxley Act of 2002, that:

     (1)  The Report fully complies with the requirements of Section 13(a) or
          15(d) of the Securities Exchange Act of 1934; and

     (2)  The information contained in the Report fully presents, in all
          material respects, the financial condition and results of operations
          or the Company.

JUNE 19, 2004

                                                     By: /s/  Janet Brophy
                                                     -----------------------
                                                     Chief Executive Officer
# C_2014112EN.01003902.xml

| 14.4.2014 | EN | Official Journal of the European Union | C 112/39 |
| --- | --- | --- | --- |

14.4.2014

EN

Official Journal of the European Union

C 112/39

---

Action brought on 31 December 2013 — The Directv Group v OHIM — Bolloré (DIRECTV)

(Case T-722/13)

2014/C 112/52

Language in which the application was lodged: English

Parties

Parties

Applicant(s): The Directv Group, Inc. (El Segundo, United States) (represented by: F. Valentin, lawyer)

Applicant(s):

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Defendant:

Other party to the proceedings before the Board of Appeal: Bolloré SA (Érgue Gaberic, France)

Other party to the proceedings before the Board of Appeal:

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 25 October 2013 given in Case R 1960/2012-2. |
| --- | --- |

—

Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 25 October 2013 given in Case R 1960/2012-2.

Pleas in law and main arguments

Pleas in law and main arguments

Registered Community trade mark in respect of which an application for revocation has been made: The figurative mark containing the verbal element ‘DIRECTV’ for goods and services in Classes 9, 38 and 41 — Community trade mark registration No 100 750

Registered Community trade mark in respect of which an application for revocation has been made:

Proprietor of the Community trade mark: The applicant

Proprietor of the Community trade mark:

Party applying for revocation of the Community trade mark: The other party to the proceedings before the Board of Appeal

Party applying for revocation of the Community trade mark:

Decision of the Cancellation Division: Partially revoked CTM registration

Decision of the Cancellation Division:

Decision of the Board of Appeal: Annulled the contested decision and revoked CTM registration in its entirety

Decision of the Board of Appeal:

Pleas in law: Infringement of Article 51(1)(a) CTMR.

Pleas in law:

---
[Federal Register Volume 63, Number 134 (Tuesday, July 14, 1998)]
[Notices]
[Page 37911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18641]


=======================================================================
-----------------------------------------------------------------------

OFFICE OF MANAGEMENT AND BUDGET


Updated Statistical Definitions of Metropolitan Areas

AGENCY: Executive Office of the President, Office of Management and 
Budget, Office of Information and Regulatory Affairs.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Pursuant to 44 U.S.C. 3504(e)(3) and 31 U.S.C. 1104(d) and 
Executive Order No. 10253 (June 11, 1951), the Office of Management and 
Budget (OMB) defines metropolitan areas (MAs) for use in Federal 
statistical activities in accordance with a set of standards published 
in the Federal Register on March 30, 1990 (55 FR 12154-12160).
    On June 23, 1998, OMB updated the MA definitions in OMB Bulletin 
No. 98-06. One new Metropolitan Statistical Area (MSA) was defined 
based on the standards and the 1996 Bureau of the Census official 
population estimates. The Missoula, Montana MSA (FIPS Code 5140) was 
defined effective June 30, 1998. The Missoula, Montana MSA comprises 
Missoula County, Montana. The MSA's central city is Missoula, Montana.
    OMB Bulletin No. 98-06 with the list of all MAs as of June 30, 
1998, is available from the National Technical Information Service 
(NTIS), Document Sales, 5285 Port Royal Road, Springfield, VA 2216, 
telephone 703-487-4650 (Accession Number PB98-146160). This list is 
also available through NTIS in electronic form (Accession Number PB98-
502198). OMB Bulletin No. 98-06 and the current list of MAs are 
available electronically from the OMB home page at <a href="http://
www.whitehouse.gov/WH/EOP/omb">http://
www.whitehouse.gov/WH/EOP/omb</a>; go to OMB Documents/Selected OMB 
Bulletins.

    For further information on MA standards and the statistical uses 
of MA definitions please call Suzann Evinger (202-395-7315). For 
information concerning the use of MA definitions in a particular 
Federal agency program, please contact the sponsoring agency 
directly.
Donald R. Arbuckle,
Acting Administrator, Office of Information and Regulatory Affairs.
[FR Doc. 98-18641 Filed 7-13-98; 8:45 am]
BILLING CODE 3110-01-P
## SUPREME COURT OF THE STATE OF NEW YORK 

## Appellate Division, Fourth Judicial Department

**1070 CAF 10-01876**  PRESENT: SCUDDER, P.J., SMITH, CENTRA, GREEN, AND GORSKI, JJ.

IN THE MATTER OF CHELSEY B.

------------------------------------------ ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, MEMORANDUM AND ORDER PETITIONER-RESPONDENT;

MICHAEL W., RESPONDENT-APPELLANT. (APPEAL NO. 1.)

CHARLES J. GREENBERG, BUFFALO, FOR RESPONDENT-APPELLANT.

JOSEPH T. JARZEMBEK, BUFFALO, FOR PETITIONER-RESPONDENT.

JENNIFER M. LORENZ, ATTORNEY FOR THE CHILD, LANCASTER, FOR CHELSEY B.

Appeal from an order of the Family Court, Erie County (Patricia A. Maxwell, J.), entered October 7, 2010 in a proceeding pursuant to Family Court Act article 10. The order, inter alia, determined the subject child to be severely abused.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Memorandum: Respondent father appeals from an order of factfinding determining that his older daughter is a severely abused child and that his younger daughter is derivatively abused. We note at theoutset that Family Court subsequently issued separate orders of “factfinding and disposition” with respect to each child, and we therefore exercise our discretion to deem the father to have taken appeals from those orders ( see generally Family Ct Act § 1112 [a]; Matter of Ariel C.W.-H. , ___ AD3d ___ [Nov. 10, 2011]).
We reject the father’s contention in appeal No. 1 that the finding that his older daughter is a severely abused child is not supported by clear and convincing evidence ( see Matter of Perry T.K. , 16 AD3d 687; see also Family Ct Act § 1046 [b] [ii]). It is axiomatic that the “determination of Family Court is entitled to great weight and should not be disturbed unless clearly unsupported by the record” ( Matter of Shardanae T.-L. , 78 AD3d 1631 [internal quotation marks omitted]), and that is not the case here. Petitioner proved by clear and convincing evidence that the father committed felony sex offenses against his older daughter in violation of Penal Law § 130.35 (4) and § 130.50 (4) ( see Social Services Law § 384-b [8] [a] [ii]). The older daughter’s out-of-court statements to a school counselor and a nurse practitioner were sufficiently corroborated by medical evidence**-2- 1070 CAF 10-01876** 
of sexual intercourse and the testimony of petitioner’s validation expert ( see Matter of Breanna R. , 61 AD3d 1338, 1340). Furthermore, the court was entitled to draw the strongest possible inferences against the father “ ‘as may be supported by other evidence in the record’ ” based upon his failure to testify ( Matter of Jeffrey D. , 233 AD2d 668, 670; see generally Matter of Anita J.F. , 267 AD2d 1044, lv denied 94 NY2d 762). We further conclude that the court’s finding of derivative abuse in appeal No. 2 with respect to the father’s younger daughter was proper ( see generally Breanna R. , 61 AD3d at 1340; Matter of Derrick C. , 52 AD3d 1325, 1326, lv denied 11 NY3d 705).

Entered: November 18, 2011 Patricia L. Morgan Clerk of the Court
#### People v Kislowski

3d Dept: 145 AD3d 1197 (Warren)

granted 3/3/17 (Lynch, J.)
No. 10-5328.

#### Chitunda Tillman, Sr., Petitioner v. New Line Cinema, et al.

562 U.S. 1085, 131 S. Ct. 641,

2010 U.S. LEXIS 9351,

178 L. Ed. 2d 515,

November 29, 2010.

Petition for writ of

certiorari to the United States Court of Appeals for the Seventh Circuit denied.

The Chief Justice took no part in the consideration or decision of this petition.

Same case below, 374 Fed. Appx. 664.
# Oklahoma third graders appreciate produce provided by Troop Support

/ Published July 6, 2016
PHILADELPHIA, 

Plums, apples, carrots and lemon water are just a few produce items third graders at Eugene Field Elementary School were thankful for during their summer school program.

Sabina Garrett, child nutrition program director for Altus Public Schools in Oklahoma, was invited to a classroom for a special surprise June 14.

“I was so excited,” said Garrett. “I was asked to come to the classroom so the students could tell us how much they enjoy and appreciate the food we served during breakfast and snack meals. This is a perfect example of the impact we are making at the lower grade levels by incorporating fruits and vegetables into their mindset.”

In partnership with the U.S. Department of Agriculture, Defense Logistics Agency Troop Support’s Subsistence supply chain buys and distributes fresh produce to schools in 48 states, including Oklahoma, as part of the Department of Defense Fresh Fruit and Vegetable program.

The USDA depends on the Subsistence team to procure produce for schools like those in the Altus district.

One third-grader wrote in a letter to Garret, “Thank you for the bananas, lemon water, apples, grapes and plums. The plums are my favorite fruit you have. Thank you for caring for the kids.”

Sylvia Duran is a Subsistence field representative and works with Garrett to ensure her schools receive quality produce that meet the USDA’s nutritional standards. Garret forwarded the student’s notes of thanks to Duran.

“When you realize your hard work in working with the schools, and working with the vendors to provide good, quality produce to these schools for this program are so appreciated by the students, teachers and staff, it is an amazing feeling,” said Duran.

The FF&V program has grown in Oklahoma, from delivering $860,000 of produce in the 2003-2004 school year to $2.25 million this past year, Duran said.

In addition to the Summer Food Service program, the USDA Food and Nutrition Service offers fresh produce to schools through the National School Lunch program and the School Breakfast program.

The District of Columbia, Puerto Rico, the Virgin Islands and Guam also participate in the DOD FF&V program.
**[Wien & Malkin llp letterhead]**
 

 

 

 

 

 

 

	May 31, 2006

TO PARTICIPANTS IN EMPIRE STATE BUILDING ASSOCIATES L.L.C. 

Federal Identification Number 13-6084254**	
We enclose the annual report of Empire State Building Associates L.L.C. ("Associates") for the year ended December 31, 2005 and the comparative statement of operations under the sublease for the years 2005 and 2004.  Associates is a limited liability company which is treated as a partnership for income tax purposes.

The operating lease provides for the payment of additional rent equal to 50% of the operating lessee's profit in excess of $1,000,000.  The profit for 2005 was $33,649,958, so that the operating lessee paid additional rent of $16,324,979.  The profit for 2004 was $19,939,086, so that the operating lessee paid additional rent of $9,469,543. 

As noted below, $14,463,188 was available for distribution for 2005.  In accordance with Associates' operating agreement, 6% of the distribution, $867,791, has been paid to Wien & Malkin.  $13,595,397 was distributed to the Participants on March 3, 2006 and represented about 41.2% on the original cash investment of $33,000,000.  Together with regular monthly distributions during the year 2005, total distributions to Participants for 2005 were at the rate of about 53.0%.  Details are as follows:

**Additional rent for the year 2005**$16,324,979**Dividend and interest income**158,209 
16,483,188***Less:	Set-aside for annual debt service on the mortgage, net of ground rent savings*******************
# Delivery Totals

# OC B52

# OC B1

# OC C130

# OC E3

# OC E6

# OC KC135

# OC KC10

# OC PMXG

# OC CMXG

# OO Generators

# OO A-10

# OO Landing Gear

# OO Pneudraulics

# OO C-130

# OO F-16

# OO Power Systems

# WR C-130 AMXG Bldg 364

# WR C-130 Carriage Kits (CMXG) 

# WR C-130J

# WR EMXG

# WR C-130

# WR C-5

# WR F-15

# WR C-17
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

NO. CAAP-20-0000108

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

HAWAII MEDICAL SERVICE ASSOCIATION, Plaintiff-Appellee, v.

FREDERICK NITTA, M.D., Defendant-Appellant

APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT

(S.P. NO. 19-1-1 GKN)

ORDER APPROVING STIPULATION TO DISMISS APPEAL

(By: Ginoza, Chief Judge, Fujise and Leonard, JJ.)

Upon consideration of the "Stipulation Withdrawing

Appeal and Order," filed March 30, 2020, by Defendant-Appellant

Frederick Nitta, it appears that (1) the appeal has not been

docketed; (2) pursuant to Hawai)i Rules of Appellate Procedure

(HRAP) Rule 42(b), the parties stipulate to dismiss the appeal

and bear their own costs and attorneys' fees; (3) the stipulation

is dated and signed by counsel for all parties appearing in the

appeal; and (4) because the appeal has not been docketed,

dismissal is authorized by HRAP Rule 42(a). 

Therefore, IT IS HEREBY ORDERED that the stipulation to

dismiss the appeal is approved under HRAP Rule 42(a), and the

Electronically Filed

Intermediate Court of Appeals

CAAP-20-0000108

17-APR-2020

10:13 AM
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

appeal is dismissed. The parties shall bear their own attorneys'

fees and costs.

DATED: Honolulu, Hawai#i, April 17, 2019.

/s/ Lisa M. Ginoza

Chief Judge

/s/ Alexa D.M. Fujise

Associate Judge

/s/ Katherine G. Leonard

Associate Judge

2
**DAAN-11-02**

**Commercial Packaging for OEM BOAs**

(November 2016)

Commercial Packaging as far as DLA is concerned should state IAW ASTM D3951, not commercial packaging to the contractor best practices.  If packaging calls for Commercial Packaging IAW ASTM D 3951 - vs - MIL-STD- 2073 and the contractor cannot provide the material packaged IAW ASTM D3951, then the contractor is responsible for having the material packaged IAW ASTM D3951.  The contractor should contract with a 3rd party packaging house to package the material.  The material should arrive at the depot in issuable condition.  The depots are not staffed to continually repackage material.  Many times the material sits in condition code "L" until a Tiger Team is sent out to go through the frustrated freight (this may be months – delaying material to the warfighter).  If and when the depot does repackage the material based on staff and time, the Supply Chain that contracted the material is charged for the material to be repackaged.  

(End of Notice)